Denver, CO asked in Criminal Law for Colorado

Q: After being sentenced and turning myself in I didnt get credit for my time served. What do I do

I was sentenced to one year in jail with work release approved and given two days to turn myself in. I turned myself in and then waited in jail for 5 days until transferring to the work release facility. I contacted the sheriffs office because my MRD was wrong and they said I was correct and was not given credit for the days I was in jail. I put in a motion to the courts to have my time in jail credited as time served and be taken off my MRD and the motion was denied by the judge. I turned in the motion myself and do not have a lawyer. The courts told me the judge recieved the motion and ruled no action be taken. How can a judge not give me credit for this time I was in jail? It was not presentence time, it was after i had been sentenced and turned myself into do my time of one year. What can i do??

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1 Lawyer Answer
Brian K. McHugh
Brian K. McHugh
  • Criminal Law Lawyer
  • Littleton, CO
  • Licensed in Colorado

A: If you were sentenced to 1 year in jail with work release authorized, and spent 5 days in jail before you entered the work release program, that 5 days jail will count against the 1 year sentence. If something else is going on with the judge's order, you need to appeal the decision. If it was a county court judge you need to appeal to the district court. If it was a district court order you need to appeal to the Colorado Court of Appeals. There are different time limits for filing an appeal, depending on which court will decide your appeal.

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